• <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant
  • <b>Daniel Crouch Rare Books</b><br>SAXTON, Christopher. <i>The Travellers Guide being the best Mapp of the Kingdom of England and Principality of Wales</i>. London, [1583, but c.1716].
    <b>Daniel Crouch Rare Books</b><br>VISSCHER, Claes Jansz. <i>Novissima et Accuratissima Leonis Belgici</i>. Amsterdam, Claes Jansz Visscher, [1611-1621 or later].
    <b>Daniel Crouch Rare Books</b> PTOLEMAEUS, Claudius. <i>Decima Asie Tabula</i>. Ulm, Lienhart Holle, 16 July 1482.
    <b>Daniel Crouch Rare Books</b><br>WIT, Frederick de, and Gerard VALK. <i>Orbis Terrarum Nova et Accurata Tabula</i>. Amsterdam, Gerard Valk, [c.1690-1700].
    <b>Daniel Crouch Rare Books</b><br>APIANUS, Petrus. <i>Astronomicum Caesareum</i>. Ingolstadt, Peter Apian, 1540.
    <b>Daniel Crouch Rare Books</b><br>CASSINI, Jean-Dominique. <i>Carte de la Lune</i>. Paris, Jean-Dominique Cassini, 1787.
    <b>Daniel Crouch Rare Books</b> PTOLEMAEUS, Claudius. <i>Geographicae enarrationis libri octo</i>. Argentoragi, 1525.
    <b>Daniel Crouch Rare Books</b><br>[SAXTON, Christopher]. <i> [An Atlas of England and Wales]</i>. [London, Christopher Saxton, 1579].
    <b>Daniel Crouch Rare Books</b> Commission des sciences et arts d'Egypte. <i>Description de l’Égypte</i>… Paris, Imprimerie impériale - Imprimerie royale, 1809-1828.
    <b>Daniel Crouch Rare Books</b> CHURCHMAN, John. <i>To George Washington President of the United States of America this Magnetic Atlas or Variation Chart is humbly inscribed by John Churchman</i>. Philadelphia, 1790.
    <b>Daniel Crouch Rare Books</b><br>APIANUS, Petrus. <i>Tipus Orbis Universalis</i>. Vienna, Johannes Camertius, 1520.
    <b>Daniel Crouch Rare Books</b><br>LORIOT, A[uguste], [after] Nicolas LANE. <i>[Pocket globe]</i>. London, 65 New Bond Street, 1809.
    <b>Daniel Crouch Rare Books</b><br>BLAEU, Johannes. <i>Grooten Atlas</i>. Amsterdam, Joan Blaeu, 1662-1665.
    <b>Daniel Crouch Rare Books</b><br>INGEBORG BRUN, Emmy. <i>Mars efter Lowell’s Glober 1894-1914</i>. Denmark, [c1915].
    <b>Daniel Crouch Rare Books</b><br>LUTHER, Martin. <i>Der vierde Teil aller Bücher vnd Schrifften des thewren seligen Mans</i>. Gedruckt zu Jhena, Durch Christian Rödinger, 1556.
  • <b>Lawbook Exchange:</b> Lawbook Exchange. Trials for Murder, Robbery, Burglary, Rapes, Sodomy... 4 vols. London, 1764. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> An Enquiry Concerning the Liberty, And Licentiousness of the Press. New York, 1801. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Tavern Licence Granted to John Swan by Mayor James Duane, 1789. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> First edition of Story's, Commentaries on the Constitution. 3 vols. Boston, 1833. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Manuscript Law Dictionary. Repertorium Universale, Amandola, Italy, c.1750. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Magna Carta. London, 1556. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Hemard. Code Civil, in an extraordinary binding. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Two Accounts of the Murder of Mr. John Hayes. London, 1726. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Robinson, Boardman. Mr Justice Precedent. 1914. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Five volumes of Italian Legal Code in miniature. Turin: Fratelli Bocca, 1901-1903. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Tartagni. Alexander de Imola in Prima(m) (et) Secunda(m)... Venice, 1514. In a contemporary chained binding. See at the 2017 NY ABAA Book Fair Booth C-22
    <b>Lawbook Exchange:</b> Catalogue 85. Recently Acquired Books, Manuscripts & Ephemera
  • <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> Single leaf from a paper copy of the Gutenberg Bible, Mainz, 1455, in a copy of Newton's <i>A Noble Fragment</i>. $40,000 to $60,000.
    <b>Swann Auction Galleries, Mar 9:</b> Immanuel Kant, <i>Critik der reinen Vernunft</i>, first edition, Riga, 1781. $8,000 to $12,000.
    <b>Swann Auction Galleries, Mar 9:</b> Hans Holbein, <i>The Images of the Old Testament</i>, with 94 woodcut illustrations, first edition in English, Lyon, 1549. $10,000 to $15,000.
    <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> Samuel Johnson, <i>A Dictionary of the English Language</i>, first edition, London, 1755. $6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 9:</b><br>John Milton, <i>Paradise Lost</i>, first edition, London, 1668.<br>$6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 9:</b> Antonio de Guevara, <i>The Dial of Princes</i>, London, 1568.<br>$3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> <i>Oraciones de los SS. Mysterios Gloriosos y Dolorosos</i>, manuscript in Spanish, Brussels, 1676.<br>$3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 9:</b><br>Jan Nieuhoff, et al., <i>An Embassy from the East-India Company... to the Grand Tartar Cham, Emperour of China, </i>London, 1671. 4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 9:</b> Moses Maimonides, <i>Ha-Higayon... Logica</i>, first edition, Basel, 1527.<br>$800 to $1,200.
    <b>Swann Auction Galleries, Mar 9: Early Printed, Medical, Scientific & Travel Books</b>
    <b>Swann Auction Galleries, Mar 9:</b> Petrus Berchorius, <i>Liber Bibliae moralis</i>, fourth edition of the first volume, Cologne, 1477.<br>$10,000 to $15,000.
    <b>Swann Auction Galleries, Mar 9:</b> Niccolò Machiavelli, <i>The Florentine Historie</i>, first edition in English, London, 1595. $3,000 to $5,000.
    <b>Swann Auction Galleries, Mar 9:</b><br>Sir Philip Sidney, <i>The Countesse of Pembrokes Arcadia</i>, third edition, London, 1598. $3,000 to $5,000.

Rare Book Monthly

Articles - April - 2009 Issue

Collector Bests State in Battle for $475,000 Document

Decofind

A similar old copy of the Declaration of Independence.


By Michael Stillman

In a major case pitting a collector against a state for ownership of old documents, victory has gone to the collector. Richard L. Adams of Virginia prevailed over the State of Maine in the Virginia Supreme Court for a copy of the Declaration of Independence he purchased for $475,000. It was certainly a major victory for Mr. Adams personally, but collectors owning potentially challengeable old government documents should not yet send out a collective sigh of relief. There could be less to this decision than meets the eye.

Here is a brief history of this long case, over 200 years in the making. In 1776, authorities in the State of Massachusetts authorized a private printer to print 250 copies of a radical document recently approved in Philadelphia - the Declaration of Independence. The order provided that these printings of the Declaration be read from the pulpits of local churches, and then handed over to the Town Clerk to transcribe into that town's official records. Nothing was said about what should happen to these printings after they were transcribed into the record.

The copy in question was read in the pulpits, and turned over to the Town Clerk of Pownalborough, Massachusetts (which is today the town of Wiscasset, Maine). On November 10, 1776, Town Clerk Edmund Bridge copied the Declaration on the town's records as required, and then did something with the original document. What he did with it is not certain. As the court noted, there is no definite sighting again for 219 years, when it was put up for auction in the sale of the estate of Anna Plumstead of Wiscasset. However, it is not all that hard to surmise what happened.

Some writing on the back of the document indicates it stayed with the town for at least a short while, and then the written evidence goes blank. However, Anna Plumstead was the daughter of Town Clerk Solomon Holbrook. Holbrook attained that position in the 1880s, and held it until he died in 1929. In this era, small New England towns did not have much in the way of government offices, so town clerks kept public documents at home. It would certainly be reasonable to believe that this item, and other old town documents found in Plumstead's house, arrived there via her father, either being transferred to her house for storage during Holbrook's life or after he died. Holbrook had at one time owned his daughter's house, though he never lived there.

In 1995, the Declaration was sold at a public auction of Plumstead's estate. It was purchased by Seth Kaller of Kaller Historical Documents for $77,000. In 2001, Kaller sold it to London bookseller Simon Finch for $390,000, who in turn sold it to Adams in 2002 for $475,000. Had the decision gone the other way, Adams could have been out as much as the full $475,000, depending on whether he could have collected any reimbursements from those who preceded him in the chain.

In reaching its decision, the Virginia Supreme Court noted first that possession presumes ownership. In other words, it is up to the party not possessing the item, in this case Maine, to show that it is the true owner, not the other way around. On the other hand, it also noted that public records belong to the government, a point favoring Maine. Then it proceeded to evaluate Maine's three arguments. The first two dealt with public records, and the third with simple conversion, or unlawful taking.

The first "public record" argument relied on the common law position that public records belong to the government. However, the standard common law definition describes a "public record" as one written by a public officer. This Declaration was not written by the Town Clerk, but printed by a private citizen. Therefore, the Court concluded, the only "public record" was the copying of this document by Town Clerk Bridge in the public register in 1776, not this printed original. Score one for collector Adams.

Next, the Court looked at the argument that this constitutes a "public record" under a statutory definition adopted by Maine in 1973. The lower court had ruled against Maine here on the grounds that the state had not produced evidence that this statute was intended to apply the definition retroactively to pre-1973 records. The Supreme Court then rejected Maine's appeal on this issue on a technicality, saying the state did not properly challenge this finding and so it would not reconsider the argument. Score two for Adams.

Rare Book Monthly

  • <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868
  • <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> BROWNING, ELIZABETH BARRETT. Autograph Manuscript Initialed ("E.B.B."), being the working notebook for the poems contained in <i>The Seraphim and Other Poems</i>. $400,000 to 600,000
    <b>Bonhams Mar. 9:</b> WILDE, OSCAR. Two leaves, pp 31-34, from the first appearance of <i>The Picture of Dorian Gray in Lippincott's Monthly Magazine for July, 1890</i>, with Wilde's autograph revisions. $40,000 to 60,000
    <b>Bonhams Mar. 9:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories and Tragedies; Published according to the true Originall Copies. Second Impression. [THE SECOND FOLIO.]</i> $200,000 to 300,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> KENNEDY, JOHN FITZGERALD. Photograph Signed ("John F. Kennedy") and Inscribed, 8 x 10 inch gelatin silver print, of Senator Kennedy and Miss Barelli, at the swearing of the secretarial oath for Miss Barelli. $1,200 to 1,800
    <b>Bonhams Mar. 9:</b> COOPER, JAMES FENIMORE. Autograph Manuscript, being Chapter XXVII of <i>Afloat and Ashore</i>. $15,000 to 20,000
    <b>Bonhams Mar. 9:</b> IRVING, WASHINGTON. Autograph Manuscript, being Chapter 20 from Volume IV of <i>The Life of George Washington</i>. $20,000 to 30,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> VERNE, JULES. Autograph Manuscript Signed ("Jules Verne"), being the complete short story "<i>Une fantaisie de docteur Ox</i>". $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> ALCHEMY. <i>[The Crowning of Nature, or Coronatio Naturae.]</i> Original alchemical manuscript on paper, ruled in red, with watermark of the arms of Schieland. $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> DE JODE, CORNELUS. 1568 - 1600. <i>Quivirae Regnu, Cum Alija Versus Borea</i>. [Antwerp: Arnoldum Coninx, 1593]. $7,000 to 10,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> HOOKER, JOSEPH DALTON. <i>The Rhododendrons of Sikkim-Himalaya; Being an Account, Botanical and Geographical, of the Rhododendrons Recently Discovered in the Mountains of Eastern Himalaya</i>… $7,000 to 10,000
    <b>Bonhams Mar. 9:</b> CATLIN, GEORGE. <i>North American Indian Portfolio. Hunting scenes and amusements of the Rocky Mountains and prairies of America. From drawings and notes of the author, made during eight years' travel.</i> $20,000 to 30,000
    <b>Bonhams Mar. 9:</b> LINCOLN, ABRAHAM. HESLER, ALEXANDER. Platinum print, 8 3/4 x 6 3/4 in, of a beardless Lincoln, 1860.<br>$2,000 to 3,000

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